ArcaMax

Q: I rented a car from Avis for a quick 7-hour trip between California airports. I returned the vehicle clean with no odors or damage. A week later, I received a $450 cleaning fee for a "heavy smoke smell," even though neither I nor my wife smoke. The company's "proof" included photos of dust and a form that was dated for three days after my return, with a mileage reading that was 1 mile higher than it was at drop-off.

I fought the charge, sent time-stamped security footage of the car sitting unused in my driveway, and escalated this to the executives. But Avis still charged my card. How can a company bill me for damage that didn't happen? And how do I make this right? -- Randall Lee, in Los Gatos, California

A: Avis should have inspected the vehicle immediately upon return and notified you of any issues right away. Anything could have happened in the three days between you dropping off the car and the inspection.

Although California's Civil Code Section 1936 doesn't require rental companies to provide detailed invoices for post-return charges, it strictly regulates how charges must be calculated, disclosed and justified. If you dispute a charge, the burden is on the rental company to prove its validity through itemized documentation.

You did almost everything right. You kept records, challenged the discrepancy, and contacted executives. For future rentals, take "before" and "after" photos of your car, including photos of the interior, odometer, fuel gauge, license plate and VIN placard. Paper trails are critical, and yours made this case winnable.

Of course, there's no way to document a strong smoke smell with an image. And there's no way to quickly and objectively verify that you didn't smoke in the car or that one of your passengers didn't smoke. But in my experience of resolving hundreds of rental car smoke cases, smokers are usually pretty honest about their habits.

You were a careful renter, and it looks like you were being charged for something you didn't do. There were also the time and mileage discrepancies, which were problematic.

I see you also appealed this case to an Avis executive. (I list the names, numbers and email addresses of the Avis executives on my consumer advocacy site, elliott.org.) A manager should have reviewed your case and fixed it.

My advice? Document every scratch, smell and mile on your rental car. If you catch even a whiff of impropriety, say something immediately. Don't wait for the car rental company to write it up because at a time when car rental companies are monetizing everything, they probably will write it up.

I thought Avis should take another look at this claim given the inconsistencies in its files and the fact that you don't smoke. Avis agreed to reopen your case, and it refunded the $450 that it had charged for your car.

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Christopher Elliott is the founder of Elliott Advocacy (elliottadvocacy.org), a nonprofit organization that helps consumers solve their problems. Email him at chris@elliott.org or get help by contacting him at elliottadvocacy.org/help/.

(c) 2025 Christopher Elliott

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